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CORPORATION OF THE CITY OF COURTENAY COUNCIL MEETING AGENDA

DATE: September 2, 2014 PLACE: City Hall Council Chambers TIME: 4:00 p.m. 1.00 ADOPTION OF MINUTES 1. Adopt August 18, 2014 Regular Council meeting minutes 2.00 INTRODUCTION OF LATE ITEMS 3.00 DELEGATIONS 4.00 STAFF REPORTS/PRESENTATIONS Pg #

(a) Community Services

(b) CAO and Legislative Services 1 1. Notice on Title – 1750 Willemar Avenue 7 2. Braidwood Supportive Housing Project Update - John Jessup in attendance (c) Development Services 49 3. Downtown Land Use Viability Review (d) Financial Services (e) Engineering and Operations 5.00 EXTERNAL REPORTS AND CORRESPONDENCE FOR INFORMATION 53 1. Island Coastal Economic Trust Media Release 55 2. Green Communities Committee Climate Action Recognition 6.00 INTERNAL REPORTS AND CORRESPONDENCE FOR INFORMATION 7.00 REPORTS/UPDATES FROM COUNCIL MEMBERS INCLUDING REPORTS FROM COMMITTEES

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8.00 RESOLUTIONS OF COUNCIL

1. In Camera Meeting Notice is hereby given that a Special In-Camera meeting closed to the public will be held at the conclusion of the September 2, 2014 regular Council meeting pursuant to the following sub-section of the Community Charter:

90 (1) (g) litigation or potential litigation affecting the municipality; and 90 (1) (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public. 9.00 UNFINISHED BUSINESS 10.00 NOTICE OF MOTION 11.00 NEW BUSINESS 12.00 BYLAWS For First and Second Reading 59 1. “Zoning Amendment Bylaw No. 2803, 2014” (C-1 Zone and downtown land use regulations) For First, Second and Third Reading 63 1. “Prevention of Public Nuisances Bylaw No. 2804, 2804” 13.00 ADJOURNMENT

Note: there is a public hearing at 5:00 p.m. in relation to “Zoning Amendment Bylaw No. 2798” (Secondary suite 425 Back Road)

THE CORPORATION OF THE CITY OF COURTENAY

STAFF REPORT

To: Council File No.: 3800-20 From: Chief Administrative Officer Date: September 2, 2014 Subject: Notice on Title – 1750 Willemar Avenue

PURPOSE: The purpose of this report is to consider directing the Corporate Officer to file a notice in the Land Title Office against the property located at 1750 Willemar Avenue. CAO RECOMMENDATIONS: That based on the September 2, 2014 staff report “Notice on Title – 1750 Willemar Avenue”, Council approve OPTION 1 and pursuant to Section 57 (3) of the Community Charter direct the Corporate Officer to file a notice in the Land Title Office against 1750 Willemar Avenue stating that:

(a) a Council resolution relating to the land has been made under this section; and (b) further information about it may be inspected at the offices of the municipality.

Respectfully submitted,

David Allen, BES, CLGEM, SCLGM Chief Administrative Officer BACKGROUND: As outlined in the attached memo from the Chief Building Inspector, the building on the property contains a suite constructed without a building permit. Pursuant to section 57 of the Community Charter, upon request by a Building Inspector to place a notice on title, the Corporate Officer is required to give notice to the property owner and place the matter before Council. DISCUSSION: As per the memo from the Chief Building Inspector, staff have attempted to resolve the outstanding issues with the property owner. Placing a notice on title alerts potential future property owners of the deficiencies. The property is currently for sale.

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Staff Report - September 2, 2014 Page 2 of 2 Notice on Title – 1750 Willemar Avenue FINANCIAL IMPLICATIONS:

The financial implications include the actual cost of placing the notice on title, and the staff time related to attending the property and preparing the notifications and documentation.

ADMINISTRATIVE IMPLICATIONS:

Although not specifically in the Development Services and Legislative Services work plans, these statutory enforcement issues are common and consume staff resources, typically 6 hours of staff time depending on the level of interaction with the property owner.

STRATEGIC PLAN REFERENCE:

Statutory bylaw enforcement in nature, and not specifically referenced in the Strategic Plan.

OFFICIAL COMMUNITY PLAN REFERENCE:

Not referenced.

REGIONAL GROWTH STRATEGY REFERENCE:

Not referenced.

CITIZEN/PUBLIC ENGAGEMENT:

Notification was provided to the property owner pursuant to section 57 (2) of the Community Charter and is attached for Council’s reference.

OPTIONS:

Option #1 - That Council direct the Corporate Officer to file a notice in the Land Title Office against 1750 Willemar Avenue (recommended).

Option #2 - That Council not direct the Corporate Officer to file a notice in the Land Title Office against 1750 Willemar Avenue.

Option #3 - That Council refer the matter back to staff to continue attempts to resolve the issues.

Prepared by:

John Ward, CMC Director of Legislative Services Corporate Officer

T:\Corporate Reports\Communication Procedures\Active Communications\SR DLS 2014-09-02 Notice on Title 1750 Willemar Avenue.docx

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STAFF REPORT

To: Council File No.: 5040-20 From: Chief Administrative Officer Date: September 2, 2014 Subject: Braidwood Supportive Housing Project Update

PURPOSE: The primary purpose of this report is to seek direction from Council on the preparation of Terms of Reference (TOR) for a Request for Proposals (RFP) for a proposed supportive housing project at a City-owned property located at 810 Braidwood Road.

This report also outlines the proposed timeline for completion of the RFP, the review of proposals, and recommendation and selection of the desired non-profit organization or group to undertake the Braidwood Supportive Housing Project.

POLICY ANALYSIS: The Braidwood Housing Project has been identified as Council’s number one priority in the City’s 2013 Strategic Priorities Report which is available on the City of Courtenay website at: http://www.courtenay.ca/city-hall/strategic-plan.aspx

RECOMMENDATION:

THAT based on the September 2nd 2014 staff report “Braidwood Supportive Housing Project Update”, Council DIRECT STAFF to proceed with OPTION 1, and prepare a Request for Proposal for the City property located at 810 Braidwood Road that would allow any qualified non-profit organization or group to submit a proposal for the construction and operation of a housing project that addresses a wide range of in-need and at-risk tenants; and

THAT staff investigate and report back to Council on the implications, cost and timings of proceeding with the required due diligence for the property at 810 Braidwood, including hazmat survey of existing house, phase 1 environmental site assessment, geotechnical survey to determine soil stability and capacity for new construction, and civil engineering survey to determine capacity of existing water, sanitary and storm systems serving the site.

Respectfully submitted,

David Allen, BES, CLGEM, SCLGM Chief Administrative Officer

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http://www.courtenay.ca/city-hall/strategic-plan.aspx

BACKGROUND:

At its regular meeting held on May 12th 2014 Council passed a resolution that the Mayor and CAO meet with Comox Valley MLA Don McRae to discuss the Braidwood Supportive Housing Project. On May 16th two identical letters from the City of Courtenay were sent to:

Hon. Don McRae, Comox Valley MLA, and Minister of Social Development and Social Innovation Hon. Rich Coleman, Minister of Natural Gas Development and Minister Responsible for Housing,

and Deputy Premier

Copies of the letters are attached to this report and include earlier staff reports and background information on the proposed project.

On June 20th 2014 the Mayor and CAO met with Minister McRae at his constituency office to discuss the Braidwood Supportive Housing Project, including funding options and how best to proceed with the preparation of an RFP to move the project forward. Minister McRae encouraged the City to arrange a meeting with BC Housing staff and himself, along with the Mayor, and CAO.

On July 25th 2014 a meeting was held that included two BC Housing staff, Minister McRae, the Mayor, CAO, and the City’s Social Planning Consultant on the Braidwood project, John Jessup. Draft minutes of the meeting were prepared by Mr. Jessup and are attached to this report. The main points identified in the draft minutes relate to developing a project RFP that broadens the TOR from focusing exclusively on the working poor and homeless to possibly include other in-need or at-risk tenants such as families with children and seniors.

DISCUSSION:

The following is based on an August 14th 2014 Report Addendum submitted by Mr. John Jessup, and is intended to further outline the basis for the recommendation to broaden the scope of proposals that can be submitted for the Braidwood housing project.

1. Should the City pursue PHI (Provincial Homelessness Initiative) operating subsidies for the Braidwood Road project?

Based on recent discussions with BC Housing staff, as it stands today there is very little chance that operating subsidies for a supported housing project for homeless people (absolute and at risk) would be made available. Given this situation, the Social Planning Consultant recommends the City abandon this direction, and proceed immediately with the RFP for the Braidwood Road site as previously recommended.

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2. If Council decides to re-engage the RFP process, how long would it take before a non-profit housing provider is chosen for the Braidwood Road site?

The Social Planning Consultant outlines the following revised schedule beginning immediately following the Labour Day holiday (Sept 2nd):

a. Convene working group and draft the RFP (by Sept 30th); b. Issue RFP during 1st week in October and provide 3 weeks for non-profit housing providers

and their consultants to prepare and make their submissions (by Oct 31st); c. Working group to evaluate and score submissions (by Nov 15th); d. Consultant to draft Council report recommending the top 3 choices from the working

group (by Nov 30th); and e. Council to consider the working group’s recommendations and decide on appointment of

the non-profit housing provider to develop the Braidwood Road site (by Dec 15th)

3. Is there anything that the City should do in the meantime to prepare for choosing the non-profit housing provider and to anticipate development of the Braidwood Road site?

Yes. Undertake the due diligence on the Braidwood Road site recommended by the Consultant in his initial report to Council. Namely, hazmat survey of existing house, phase 1 environmental site assessment, geotechnical survey to determine soil stability and capacity for new construction, and civil engineering survey to determine capacity of existing water, sanitary and storm systems serving the site. This because it is a reasonable expectation that the City make good on any issues related to the site which emerge as a result of these investigations. The City can wait for the chosen non-profit housing provider to undertake this work. Either way, BC Housing will probably agree to cover the costs of these investigations through the remaining $40,000 PDF. However, the City will not know the issues and any of the potential costs arising until the non-profit housing provider does this work. As development of the Braidwood Road site will of necessity involve a new construction project, with no operating subsidies available from BC Housing in the foreseeable future, the City should expect to make the following concessions: free land for 60 years, forgiveness of DCC’s and development and building permit fees, and grants in lieu of property taxes for up to the first 10 years. Further, the chosen non-profit housing provider will be expected to explore the possibility of rent supplements for working poor and homeless people. This would raise rents from 30% of gross monthly income or the welfare shelter allowance to deemed (probably close to average) market rent. However, the challenge is in addressing the gap between economic rent (all operating costs and mortgage payments per unit) and market rent. Even with the provision of no new support workers for the project, this will be a challenge for a new construction project.

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And, finally, the chosen non-profit housing provider will also be expected to pursue the possibility of capital grants to reduce the principal of the take-out mortgage at completion as much as possible. This will involve other Federal ministries as well as CMHC, and private foundations such as the Vancouver Foundation as well as local Comox Valley service clubs and foundations. There is also always the hope that new programs now being contemplated by BC Housing will provide new rent supplements and modest capital grants, both through the application of Federal – Provincial Investment in Affordable Housing (IAH) program monies in the near future. This might happen in time for the chosen non-profit housing provider to take advantage of them in composing a sound long-term business plan for the Braidwood Road site project.

FINANCIAL IMPLICATIONS:

In July 2013, BC Housing confirmed that they made $50,000 available to the City, in a proposal development loan, to assist in the planning and development of a supportive housing proposal for this site. A portion of the funds committed by BC Housing can be used towards the development of the R FP and the process of selection of the non-profit operator. The remainder can be used by the successful proponent in further developing the project. Additional funding options are outlined in the attached report from the Social Housing consultant.

ADMINISTRATIVE IMPLICATIONS:

The CAO is the project lead, and works directly with the consultant. Additional support is received from Development Services staff and is included in the 2014 corporate work plan. A total of 51 staff hours are estimated to be required in for 2014. STRATEGIC PLAN REFERENCE:

The Braidwood Supportive Housing Project is Council’s number one strategic priority for 2014. OFFICIAL COMMUNITY PLAN REFERENCE:

The provision of non-profit housing as a means of increasing the supply of rental housing is strongly encouraged. Preference is for affordable and social housing to be dispersed throughout the City and not concentrated in one area.

Ensure the provision and integration of special needs and affordable housing. Encourage housing opportunities and convenient community services for individuals having

special housing requirements. REGIONAL GROWTH STRATEGY REFERENCE:

Ensure a diversity of housing options to meet evolving demographics and needs. Encourage residential multi-unit or multi-lot developments to contribute to affordable housing

options including, but not limited to a range of unit sizes and types, lot sizes, multifamily or

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attached-unit buildings, rental units and secondary suites. These contributions could take the form of land, cash, buildings or other such items as supported by the local governments.

PUBLIC ENGAGEMENT: Two Braidwood neighbourhood Open Houses were held on April 23 and 24, 2014. Additional public engagement will depend on the nature of the selected proposal.

OPTIONS:

OPTION 1 - Council DIRECT STAFF to prepare a Request for Proposal for the City property located at 810 Braidwood Road that would allow any qualified non-profit organization or group to submit a proposal for the construction and operation of a housing project that addresses a wide range of in-need and at-risk tenants; and

THAT staff investigate and report back to Council on the implications, cost and timings of proceeding with the required due diligence for the property at 810 Braidwood, including hazmat survey of existing house, phase 1 environmental site assessment, geotechnical survey to determine soil stability and capacity for new construction, and civil engineering survey to determine capacity of existing water, sanitary and storm systems serving the site. (Recommended)

OPTION 2 - Council DIRECT STAFF to prepare a Request for Proposal for the City property located at 810 Braidwood Road that would allow any qualified non-profit organization or group to submit a proposal for the construction and operation of a housing project that addresses a wide range of in-need and at-risk tenants; and

THAT staff delay investigating the implications, cost and timings of proceeding with the required due diligence for the property at 810 Braidwood, until after a non-profit organization or group has been selected to construct and operate the Braid Supportive Housing Project.

OPTION 3 – Council DIRECT STAFF to continue to focus on the Braidwood Supportive Housing Project to provide housing for the working poor and homeless only.

Prepared by,

David Allen, BES, CLGEM, SCLGM Chief Administrative Officer

Attachments:

1. May 16th 2014 letters to Minister McRae and Minister Coleman; 2. July 25th 2014 Draft Meeting Minutes with MLA Don McRae, BC Housing staff, Mayor

Jangula, CAO David Allen, and John Jessup – Social Planning Consultant

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CITY OF COURTENAY MEETING WITH MLA AND BC HOUSING

Council Chambers, Friday, July 25, 2014, 2PM DRAFT NOTES

Page 1 of 5

Present:

Major Larry Jangula MLA Don McRae CAO David Allen BCH Regional Director, Danna Locke BCH Senior Project Officer, Donna Money John Jessup, Social Planning Consultant NOTES

1. Economic Rent, Market Rent and Shelter Allowance It is important to distinguish between economic rent, market rent and the Shelter Allowance. Economic rent is the sum of all costs divided by the number of units in the building. This includes mortgage principal and interest payments as well as all operating costs. Market rent is the market rent for the type and size of unit in the building for that particular market area. Sometimes we refer to high end of market and low end of market which are the upper and lower range of market rents for a particular type and size of unit. Other times we refer to average or median rent. The shelter allowance is the shelter portion of income assistance in British Columbia for the type and size of household occupying the unit. For a single person, this is $375 per month. Sometimes we refer to this category of rents as Rent Geared to Income (RGI) rents where rent is based on 30% of tenant gross monthly income. The important idea to appreciate is that for new construction housing projects, whether market or non-market, economic rent is significantly higher than market rent. For example, economic rent for a new 20 unit one-bedroom housing project in Nanaimo could be as high as $1,300 per unit per month. Average market rent for the same unit could be about $650 per unit per month. Thus, even in the absence of provision of support services, the gap between economic rent and market rent, for a 20 unit project, is $650 per unit per month or a total of $13,000 per month or $156,000 per year. This question is, therefore, in the absence of operating subsidies, how much of the capital cost of a project can be carried in order for the project owner, market or non-market, private or non-profit, to break even the day the project opens its doors for occupancy? The answer is somewhere between 25% and 40% only. The majority of the capital costs must be covered either by owner equity or capital grants.

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Page 2 of 5

2. Subsidies: Capital, Operating and Rent Supplements There are only two kinds of subsidies: capital and operating subsidies. A capital subsidy is a one-time, lump sum payment made prior to IAD (Interest Adjustment Date when the amount of the take-out mortgage is determined). It has the effect of reducing the mortgage principal and hence monthly P & I (mortgage principal and interest) payments which are part of economic rent. An operating subsidy is an on-going usually monthly subsidy which has the effect of increasing rental revenues with a view to ensuring that the sum total of rents plus operating subsidy equals economic rent, i.e. that the project is operating on a break-even basis, usually with a modest surplus to cover vacancy losses and unexpected contingencies. Rent supplements bridge the gap between a low to moderate income tenants’ shelter allowance and market rent. For example, a single person on welfare qualifies for a maximum shelter allowance of $375 per month. A rent supplement, theoretically, fills the gap between the shelter allowance and market rent. If average market rent for a studio unit was $500 per month, the rent supplement, again, theoretically would be $125 per month. This would ensure that the tenant was able to pay market rent for the studio unit. I say theoretical because there are currently only two rent supplements available from BC Housing: SAFER and RAP rent supplements. SAFER stands for Shelter Aid for Elderly Renters. It helps seniors over 60 years of age with a rent supplement to cover the difference between 30% of gross monthly income and deemed market rent. RAP stands for (Family) Rental Assistance Program and works approximately the same way for low income families, either married couples or families with children. The gap in rent supplements is for low income single people under 60 years, particularly those suffering from a disability like many homeless people. VIHA provides rent supplements to low income clients suffering from disabilities: mental health and substance use, as well as physical disabilities. BC Housing is considered an HPP, Homeless Prevention Program, for low income single people under 60 years. But this is only in the planning stages and details are not currently available.

3. BC Housing and CMHC Programs: Non-Profits must Adapt to the Times The former PHI, Provincial Homelessness Initiative, program is over (in my opinion). Most projects during the last phase of the program were committed through MOU’s with municipalities in the years

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Page 3 of 5

2007, 2008 and 2009. Even if Courtenay had entered into an MOU agreement on the Cliff Avenue project with BC Housing prior to the last municipal election, a unit allocation would probably have been possible. But for a variety of reasons, this did not happen and the opportunity was lost. However, the non-profit sector is amazingly vibrant and innovative in adapting housing proposals to the programs which are available. During the 90’s, the Homes BC program was delivered by BC Housing and a wide variety of projects were developed ranging from LIUS (Low Income Urban Singles) in downtown areas to low to moderate income families in more suburban areas. In the early years of this century, ILBC (Independent Living BC) was delivered by BC Housing and the regional health authorities. And, most recently the PHI program was delivered by BC Housing. In each program, the focus and purpose has been different and the type and amount of subsidies available have varied. Currently, there is no official BC Housing program which provides in a single commitment both the deep operating subsidies required to house homeless people with support and the financing required to plan, build and operate the project.

4. Existing Resources verses New Housing and New Staff Mayor Jangula made a good point about wanting to add to the existing stock of affordable housing through the supply of new social housing. As opposed to purchasing existing market rental apartments which in one sense is merely converting their use from private market rental to non-profit affordable rental, rather than adding to the existing stock of affordable housing. However, the point which BC Housing made and which I believe is valid is that this strategy protects the affordable rental stock. Better older rental buildings are often converted to strata title units. Some older buildings are alternatively demolished to make way for new strata title units. Few developers want to build market rental housing because it forces them to postpone profit-taking and requires a long term investment in owner equity. Further, existing hotels and motels are another opportunity that if converted to non-profit rental apartments does add to the net stock of affordable housing and has the additional advantage that there are no monthly tenancies and the buildings once renovated can house immediately the targeted tenant group.

5. Housing Subsidies verses Support Services Subsidies

The PHI program operating agreements with non-profit housing providers had two parts: (1) housing costs, and (2) support services agreements. This breakdown is instructive. It acknowledges that even

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Page 4 of 5

without support services, there is a gap between economic rent (the total cost of operating the project, including mortgage principal and interest payments) and the $375 rent that most homeless people can afford to pay (the maximum shelter allowance for single persons). So, without housing cost subsidies from BC Housing, the only way that the gap between economic rent and the maximum shelter allowance can be reduced and/or eliminated is through capital grants. This can take the form of free land, forgiveness of development fees and charges (particularly DCC’s), capital grants from CMHC, BC Housing and private foundations, municipal forgiveness of property taxes (even for the first 10 years), and sponsor equity. Operational innovations such as live-in building managers and perhaps live-in support workers could also help bridge the gap between economic rent and project revenues. We were probably spoilt with the PHI program where BC Housing was the single source of both housing cost and support services subsidies. Now, at least until a new program is introduced, there are no operating subsidies available from BC Housing. And, BC Housing is only in a position to provide modest capital grants, say up to $1 million per project, and rent supplements directly to the tenants, now the project. Note that currently only low income families and seniors are eligible for rent supplements. However, there is the possibility that soon these rent supplements may be extended to single people under 60 years through a new rent supplement program called the Homelessness Prevention Program or HPP for short. It should also be noted that BC Housing is also able to act as a bank and through the CPI (Community Partnership Initiative) Program provide PDF (Proposal Development Funding), interim financing for construction, and a CMHC guaranteed take out mortgage. This is no small help. And, is provisional upon the non-profit housing provider developing a sound business plan to operate the project on a long term breakeven basis.

6. Braidwood Road Site RFP Given this, the terms of reference of the RFP for the City-owned Braidwood Road site, should be revised to reflect the new reality. I think Council has two options. Option 1: Stay the Course as Much as Possible Focus on housing for the working poor and homeless people who are capable of living independently with little or no support. This would still be what we call RGI (Rent Geared to Income) housing where tenants pay 30% of their gross monthly income towards rent or the maximum shelter allowance if on welfare.

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Page 5 of 5

Option 2: Affordable Housing for a Wide Range of in-need and at-risk Tenants

This would allow any and all groups to submit proposals. Given the challenge of making a new construction project work, and the innovative approaches that non-profit housing providers would have to make in order to provide a sound business plan, this may be the preferred option. Housing for families with children and seniors come to mind because, these are tenant groups that are eligible for rent supplements from BC Housing.

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FOR IMMEDIATE RELEASE

August 19, 2014

REGIONAL THINKING, LOCAL RESULTS: ICET ANNUAL REPORT RELEASED

COURTENAY – The newly released Island Coastal Economic Trust annual report for 2013-2014 highlights the year’s results as well as the local impacts of the funding which has been disbursed to economic development projects in the region. In 2006, the Province of BC invested $50 million into an economic development model governed by local leaders, enabling local decision making for economic investment. To date, this fund has disbursed $44.3 million to projects on the Island north of the Malahat and on the Sunshine Coast. These funds have generated more than $268 million in additional investment to the region; this means an additional $4.7 dollars of economic development investment for every original dollar invested by the Province. It also means more than 2500 construction jobs and 2200 long term jobs, benefitting residents, businesses and even governments with increased taxation revenue. But the greatest benefit is the long term change which happens in communities due to new amenities, improved transportation, business growth and new resident and business attraction. “The theme of this year’s report is ‘Regional thinking, local results’, and that’s an apt metaphor for how ICET has operated since its inception in 2006,” said Board Chair Phil Kent. “When you look at the spin-offs from projects like the Wild Pacific Trail in Ucluelet which is now rated by TripAdvisor as the #1 attraction in all of BC, it becomes obvious that investments in economic infrastructure are catalysts for growth and change.” The annual report, available at www.islandcoastaltrust.ca, also profiles the Trust’s newest endeavour: the Economic Development Readiness Program. The EDRP was fully subscribed last year and is helping communities reinvent their economies with funding support for strategic planning, collaborative marketing efforts, and development of new investment-attraction tools. The report features stories about the wide range of projects and programs that have been funded by ICET, focusing on their real-world impacts and outcomes. “In all of the projects we fund, there’s a great ‘human’ story to be told,” explained ICET CEO Line Robert. “When, through a chance meeting, the owners of a local business tell me that our investment in the Fanny Bay Wharf ‘changed their business overnight’, we know that we’re on the right track.”

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http://www.islandcoastaltrust.ca/annual-reports

In addition to the release of the annual report, ICET is also officially launching their completely redesigned website. The new site features user-friendly features, with easy-to-navigate sections that highlight ICET programs, as well as summaries and photos of projects completed to date. The site also features detailed economic analysis and an ‘economic dashboard’ that provides valuable, plain-language information on key factors regarding the region’s economic well-being. “The project summaries are a great tool for organizations considering applying to ICET for project funding,” said Robert. “They provide a basic ‘roadmap’ that explains what we fund and why, and also serve as best practices examples for potential applicants.” With more than $4M remaining to allocate to new projects, applicants are encouraged to visit the new www.islandcoastaltrust.ca site to learn more and apply. Applications for Economic Infrastructure Funding are due by September 19 for the North Island and Sunshine Coast region, and by October 10 for the Central/South Island region. Applications for the Economic Development Readiness Program are accepted on an on-going basis. About the Island Coastal Economic Trust

The Island Coastal Economic Trust is a $50 million endowment established in 2006 by the Government of British Columbia to help diversify the economies of central and northern Vancouver Island and the Sunshine Coast.

ICET is guided by a Board of Directors and two Regional Advisory Committees which include more than 50 locally elected officials and MLAs and five appointees. This exceptional team of leaders collaborates to set regional priorities and build vital multi-regional networks.

Through a community-centred decision-making process, ICET has approved $47.6 million for over 125 economic infrastructure and economic development readiness projects on the Island and Sunshine Coast since implementing its grant program in 2007. ICET investments have leveraged $268 million in incremental funding into the region.

A full overview of ICET can be found at www.islandcoastaltrust.ca

-end-

For further information:

Line Robert, ICET CEO Tel. 250-871-7797, ext. 227 [email protected] Mayor Phil Kent, ICET Chair City of Duncan Tel. 250-709-0186 [email protected]

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http://www.islandcoastaltrust.ca/

http://www.islandcoastaltrust.ca/

mailto:[email protected]

mailto:[email protected]

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BYLAW NO. 2803

A bylaw to amend Zoning Bylaw No. 2500, 2007 The Council of the Corporation of the City of Courtenay in open meeting assembled enacts as follows: 1. This bylaw may be cited for all purposes as “Zoning Amendment Bylaw No. 2803, 2014”.

2. That Division 3 Interpretation – Part 1 Definitions be hereby amended as follows:

(a) by adding the following:

‘Cultural Facility’ means a museum, art gallery, library or theatre for the performing arts.

‘Farmers Market’ means the temporary use of buildings, structures or land for the purpose of selling agricultural products, crafts and liquor and ancillary food concessions and entertainment.

(b) by removing the definition for ‘care facility’ and replaced with the following: ‘Care facility’ means a use or facility in which food, lodging and care or supervision is provided, with or without charge, to persons unrelated to the operator of the facility, who on account of age, infirmity, physical or mental disability, require special care.

(c) by removing the definition for ‘Transportation depot’ and replaced with the following:

‘Transportation Depot’ means premises used for the pick-up and discharge of fare paying, intercity and intracity bus, train and taxi passengers and may include vehicle bays and shelters and convenience retail stores.

3. That Division 8, Part 18, Commercial One Zone (C-1), Section 8.18.1, Permitted Uses be hereby amended by adding the following uses, and re-numbering this section accordingly:

(a) Accessory buildings and structures Care facility Carriage house Cultural facility Duplex dwelling Farmer`s Market Granny flat Multi residential dwellings Secondary suite Single residential dwelling Studio

(b) by removing the following:

(16) Liquor Store permitted only on the following properties: - Lot A, Plan VIP57166, except Plan VIP59867 (1095 Cliffe Avenue) - Lot 1, Plan VIP51746 (315 8th Street)

and replacing with the following:

(16) Liquor Store

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(c) by removing the following:

(19) Micro-brewing limited to 400 m2 and including accessory retail sale of goods produced on site


(19) Micro-brewing, distilling and U-brew/U-Vin limited to 400 m2 and including accessory sales

(d) by removing the following:

(20) Museum


(20) Cultural Facility

(e) by removing the following:

(31) Transportation depot and taxi stand


(31) Transportation depot

(f) by removing the following:

(32) Combined commercial residential uses are permitted provided that residential units are contained within a dual use building and are located above storeys used for commercial purposes, and that no storey is used for both commercial and residential purposes


(32) Combined commercial/residential uses are within the same building or in separate buildings on the same property.

4. That Division 8, Part 18, Commercial One Zone (C-1), Section 8.18.6, be amended by removing Setbacks, and Figure #6: 4th, 5th, and 6th Street Map and replacing with the following:

Except where otherwise specified in this bylaw there are no setback requirements in the C-1 Zone

5. That Division 8, Part 18, Commercial One Zone (C-1), Section 8.18.8, Useable Open Space be removed.

6. That Division 8, Part 18, Commercial One Zone (C-1), be amended by removing Section 8.18.9, Off Street Parking and Loading and replaced with the following:

Notwithstanding any other provisions of this bylaw, parking and loading spaces as a requirement under Division 7, shall be deemed not to apply to properties zoned Commercial One Zone (C-1) except that one parking space is required for each residential unit.

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7. This bylaw shall come into effect upon final adoption hereof. Read a first time this 2nd day of September, 2014 Read a second time this 2nd day of September, 2014 Considered at a Public Hearing this day of , 2014 Read a third time this day of , 2014 Finally passed and adopted this day of , 2014 Mayor Director of Legislative Services

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BYLAW NO. 2804

A bylaw relating to nuisance and disturbances and to the care, maintenance and regulation of property within the City of Courtenay

NOW THEREFORE the Council of the City of Courtenay, in open meeting assembled, enacts as follows: DEFINITION: 1. In this bylaw, unless the context otherwise requires:

(a) Authorized Person” includes the following:

(i) a member of the Royal Canadian Mounted Police; (ii) a Bylaw Enforcement Officer; (iii) the Director of Legislative Services and his duly

authorized representatives; (iv) any other peace officer.

(b) “Boulevard” means the area between the curb lines, the lateral lines or the

shoulder of a roadway and the adjacent property line.

(c) “City” means the City of Courtenay. (d) “Continuous Noise” means any noise continuing for a period of five minutes or

more in any fifteen minute period.

(e) “Graffiti” means drawing, printing or writing scratched, sprayed, painted or scribbled on a wall or other surface, but does not include a sign for which a permit has been issued by the municipality.

(f) “Independent Sound Consultant” means a professional engineer, licenced to

practice in the Province of British Columbia, with acoustical expertise.

(g) “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of the 2 highways which join one another at or approximately at right angles, or the area within which vehicles travelling on different highways joining at any other angle may come in conflict, and, for the purpose of this definition “highway does not include a lane or way less than 5 metres in width separating the rear property lines of parcels of land fronting on highways running more or less parallel to and on each side of the lane or way.

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(h) “Noise” includes any loud outcry, clamour, shouting, disturbance or movement or any sound that is loud or harsh or undesirable.

(i) “Noxious Weeds” includes the plant lythrum salicaria (Purple Loosestrife) as

well as weeds designated as noxious pursuant to the Weed Control Act.

(j) “Person” includes any corporation, partnership or party and the personal or other legal representatives of a person, to whom the context can apply according to the law and also includes an owner, the agent of an owner, or the occupier of, or the holder of a purchaser’s interest in an Agreement for Sale, of any real or personal property within the City.

(k) “Real Property” means land, with or without improvements so affixed to the

land as to make them in fact and law a part of it.

(l) “Roadworthy” means, when applied to motor vehicles, capable of normal physical operation.

(m) “Sidewalk” means the area between the curb lines or lateral lines of a roadway

and the adjacent property lines improved for use of pedestrians.

(n) “Unsightly” includes dirt, gravel, bark mulch or refuse and all discarded, broken or useless items and without restricting the generality of the foregoing, includes old paper or wood products no longer in use or motor vehicles that are no longer roadworthy or parts thereof, and:

(i) The storage of building materials on a site where the owner or occupier of

the property is not in possession of a valid City building permit. (ii) The storage, cleaning, repairing or servicing of motor vehicles, hauling or

construction equipment except where the same is carried out entirely within a building.

(iii) Accumulation on residential property of any goods or merchandise which is offered or intended to be offered for sale.

GRAFFITI, RUBBISH AND LITTER CONTROL 2. (a) No person shall cause or permit stagnant water, rubbish, or any noxious,

offensive, or unwholesome matter or substance to collect, or accumulate on or around his real property.

(b) No person shall deposit or throw bottles, broken glass, or other rubbish, in any

open place within the City.

(c) No person shall place graffiti on walls, fences or elsewhere on or adjacent to private property or a public place in the City.

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UNSIGHTLY PREMISES 3. (a) No owner or occupier of real property shall allow such property to become or to

remain unsightly by the accumulation thereon of any filth, discarded materials, rubbish or graffiti of any kind.

(b) An owner or occupier of real property shall forthwith, upon receipt of notice

given pursuant to this bylaw, remove all accumulation of filth, discarded materials, rubbish or graffiti.

(c) Where an owner or occupier of real property fails to comply with a requirement

for removal referred to in subsection (b) above, the City by its employees or other persons, at reasonable times and in a reasonable manner, shall enter on the property and effect the removal at the expense of the person who has failed to comply, and that where a person at whose expense removal is carried out does not pay the cost of removal on or before December 31st in the year that the removal was done, the cost shall be added to and form part of the taxes payable on the property as taxes in arrears.

(d) It shall be a good and sufficient defence to any prosecution commenced for

violations of paragraph 3(a) hereof, for an owner or occupier of any commercial real property to prove that the storage of materials or the accumulation and storage of unroadworthy motor vehicles or parts thereof, is an essential part of a legally licensed business carried on at that real property.

NOXIOUS WEEDS OR INSECT INFESTATION: 4. An owner or occupier of real property shall:

(i) keep such property clear of noxious weeds, wild grass and other untended growth;

and

(ii) prevent infestation by caterpillars and other noxious or destructive insects, and clear such property of caterpillars and other noxious or destructive insects.

NOISE 5. (a) No person shall, make, cause or allow or permit to be made or caused, any noise

or sounds in or on a highway or elsewhere in the City which disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of one or more persons in the vicinity.

(b) No person shall, before 7:00 a.m. on any day from Monday to Saturday when

such day is not a Statutory Holiday, or before 8:00 a.m. on any Sunday or Statutory Holiday, and after 10:00 p.m. on any day, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land

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in any manner which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity.

(c) No person shall, before 87:00 a.m. and after 10:00 p.m. on any day, use or operate

any power gardening tool or other power tool or machine. (d) No person shall keep or harbour any animal or bird which disturbs or tends to

disturb the peace, quiet, rest, enjoyment, comfort or convenience of the neighbourhood by its repeated making of noise.

(e) No person shall feed pigeons on or about private property and no person shall

keep pigeons.

(f) No person shall play or operate any radio, stereophonic equipment, outdoor public address system or other instrument or apparatus for the production or amplification of sound either in or on private premises or any public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.

(g) Where it is impossible or impractical to comply with this section, the Council may

upon application, give written approval to carry on work that is found to be necessary during designated hours.

Responsibility for obtaining written approval lies with the person carrying on the work.

(h) No person shall operate any outdoor public address system in the City without

first having obtained permission in writing.

(i) Section 5 does not apply to:

(i) any act of repair or maintenance being carried out by employees of contractors of the City, the Ministry of Transportation and Infrastructure or its contractors, or any public utility;

(ii) any duly authorized person operating an emergency vehicle or the

sounding of a horn or other signaling device upon any vehicle, boat or train where such sounding is properly used as a danger or warning signal;

(iii) emergency repairs to buildings, which cannot reasonably be delayed to

normal working hours; (iv) the use of bells or chimes by churches, and the use of carillons where such

carillons have been lawfully erected;

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(v) any garbage collection service between the hours of 7:00 a.m. and 8:00 p.m. on each day except Sunday;

(vi) any parade, procession, performance, concert, ceremony, gathering or

meeting in or on any street, or public place, when duly authorized or permitted under the provisions of any bylaw, statute or ordinance in force in the City;

(vii) snow clearing; and (viii) any person functioning within the limits imposed by a permit issued by the

City, including a Special Event Permit.

6. No person shall create a nuisance to any person who contends their interest in property is affected, including the surrounding residents and general public, by reason of unsightliness, odour emission, dust, noise, smoke, or electrical interference.

7. It shall be a good and sufficient defence to any prosecution commenced for a violation of

paragraph 5(b) and paragraph 6, hereof for an owner or occupier of any commercial establishment, including shopping malls, with areas provided for the parking of that general public with a total capacity in excess of 50 parking spaces to establish that:

(a) The noise or sounds complained of were made in the course of snow clearing or

dust clearing operations in the parking areas; (b) That the snow clearing or dust cleaning operations were commenced as soon as

practicable after the close of business for the day; and

(c) That the snow clearing or dust cleaning was conducted in such manner as to minimize the disturbance of the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of neighbouring residential properties.

COMMERCIAL, INDUSTRIAL OR INSTITUTIONAL OPERATIONS

8. Every owner, occupier or operator of an industrial or commercial business or institutional operation which generates a Continuous Noise of a level that disturbs the occupants of the neighbourhood or persons in the vicinity shall, at the request of the City, supply the City with:

(a) a report prepared by an Independent Sound Consultant recommending methods to

abate the noise; and

(b) a letter of certification sealed by the Independent Sound Consultant that the recommended abatement methods have been fully implemented.

Formatted: Indent: Left: 1.27 cm,Tab stops: 1.9 cm, List tab + Not at 0.63 cm

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SIDEWALK CLEANLINESS 9. Every owner or occupier of real property within the City shall keep any sidewalk

adjoining such real property in a proper state of cleanliness, and shall not place rubbish from the sidewalk onto any highway in the City.

ROOF SNOW REMOVAL 10. As owner or occupier of real property shall remove snow, ice and rubbish from any roof

or other part of any structure therein adjacent to any portion of any highway if the snow, ice or rubbish constitutes a hazard to persons or property.

FENCES 11. (a) In any zone, where an owner or occupier of property adjacent to a highway has

erected a fence adjacent to that highway, the owner or occupier shall not allow that fence to fall into a state of disrepair.

(b) An owner or occupier of real property whose fence erected adjacent to a highway

has fallen into a state of disrepair shall repair it forthwith upon a receipt of notice given pursuant to this bylaw.

(c) In every zone where the keeping of livestock is permitted, every owner or

occupier of real property abutting upon any highway shall forthwith, upon receipt of notice given pursuant to this bylaw, erect fences along the boundary of that property abutting on the highway for the purpose of preventing his livestock from straying upon said highway.

BOULEVARDS/SIDEWALKS 12. (a) No person shall willfully damage:

(i) any boulevard, trees, shrubs, plants, bushes or hedge adjacent to any highway;

(iii) anything erected or maintained adjacent to a highway for the purpose of lighting the highway; and

(iv) any fence erected or maintained adjacent to any highway.

13. Owners or occupiers of real property shall maintain boulevards to the following standards: (a) keep free of noxious weeds; (b) keep grass trimmed; and (c) keep shrubs and trees from overhanging pedestrian walkways so as not to

interfere with pedestrian and vehicular traffic.

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VISION CLEARANCE 14. No person who owns or occupies real property located at any intersection, shall place or

permit to be or grow any tree, shrub, plant, fence or other structure with horizontal dimension exceeding .46 metres (1.5 feet) within the triangular area formed by two intersecting lot lines and the line joining the points on such lot lines 2.4 metres (7.87 feet) from the point of intersection, between an elevation such that an eye 1 to 2.4 metres (3.28 feet to 7.87 feet) above the surface elevation of one road, cannot see an object 1 to 2.4 metres (3.28 fee to 7.87 feet) above the surface of the other road.

STREET SIGNS 15. No person shall remove, deface or damage any street name sign or any other sign or

marker erected upon any highway by or at the direction of the City. HAZARDOUS TREES AND SHRUBS 16. (a) If in the opinion of the City, any trees, hedges, bushes or shrubs growing or

standing on any real property are: (i) a hazard to the safety of persons;

(ii) likely to damage public property; or (iii) seriously inconveniencing the public

the City may order such trees, hedges, bushes or shrubs to be trimmed, removed or cut down at the expense of the owners or occupiers of real property on which they grow or stand.

(b) Before proceeding to exercise the powers conferred by subsection (a), the City

shall give notice in writing, by registered mail or personal delivery to the most recent address shown on the current assessment roll requiring the owner or occupier of the lands to remove, cut down, or trim the trees, shrubs, hedges or bushes designated in the notice within fourteen (14) days from date thereof.

(c) If the City is unable to serve the owner or occupier or real property with the notice

under subsection (b), the City may apply to the Supreme Court for an order to serve the notice by substituted service.

(d) If the person given notice does not take the required action within the time period

referred to in subsection (b), the City by its employees or others, may enter the real property and effect that action at the expense of the person given notice.

(e) If the person referred to in subsection (d) does not pay the costs of the action

under that subsection on or before December 31 in the year in which the costs were incurred, the costs shall be added to and form part of the taxes payable on the real property as taxes in arrears.

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HOUSE NUMBERING 17. All owners and occupiers of buildings shall display in a conspicuous place on the

property on which the building is located, the street number assigned by the City to such building so that the same is readable from the highway.

DEMOLITION SITES 18. On any property where the demolition of any building or structure has taken place:

(a) all debris and material whether to be discarded or retained shall be removed forthwith;

(b) any basement or other excavation shall be filled in or covered over to lot grade

level forthwith. RIGHT OF ENTRY 19. An authorized person may at all reasonable times, enter upon any property in the City of

Courtenay in order to ascertain whether the regulations contained within this bylaw are being obeyed.

NOTICES 20. Any notice to be given to this bylaw may be given by an authorized person and shall be

sufficiently delivered if personally served upon a person apparently aged 16 years or more and apparently occupying the real property affected by such notice, or if sent to the owner of the real property by double registered mail to his address appearing upon the last revised assessment roll. All notices hereunder shall be in the form of a letter or shall be in such other forms as the Council may from time to time approve by resolution.

FAILURE TO COMPLY 21. If, after receipt of a notice hereunder excluding notification with regard to snow and ice,

the work required to be performed by such notice remains either wholly or partially incomplete, the City may, by its workmen or by any other means it deems fit, enter upon the real property affected by such notice and perform or complete such work at the expense of the owner of such property. The cost incurred by the City in any exercise of its powers hereunder, shall, if not paid by the 31st day of December in the year in which they were incurred, by added to and form a part of the taxes payable in respect of that real property as taxes in arrears.

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ENFORCEMENT AND PENALTIES 22. This Bylaw is designated under Section 264 of the Community Charter as a bylaw that

may be enforced by means of a Municipal Ticket Information in the form prescribed.

23. Peace Officers, Bylaw Enforcement Officers, Building Inspectors and the Director of Legislative Services are designated to enforce this bylaw by means of a Municipal Ticket Information under Section 264 of the Community Charter.

24. A person or persons who contravenes, violates or fails to comply with any provision of this bylaw, or who suffer or permits any act or thing to be done in contravention or violation of this bylaw, or who fails to do anything required by this bylaw, commits an offence and shall be liable, upon conviction, to a fine of not more than $10,000.00, the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter (British Columbia) or the Offence Act (British Columbia) as amended from time to time. Each day that an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence.

25. If any section or provision of this bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the validity of the remainder of the bylaw shall not be affected.

26. This bylaw shall come into full force and effect upon final adoption. 27. Prevention of Public Nuisances Bylaw No. 1798, 1994 is hereby repealed. 28. This bylaw may be cited for all purposes as “Prevention of Public Nuisances Bylaw No.

2804, 2014. Read first time on this 2nd day of September, 2014 Read a second time on this 2nd day of September, 2014 Read a third time on this 2nd day of September, 2014 Finally passed and adopted on this day of Mayor Director of Legislative Services

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